Reviews of decisions under the Land Agents Act 1994 (SA)
From 4 October 2018, SACAT will have review jurisdiction under the Land Agents Act 1994 (SA). This will allow SACAT to review certain decisions made by the Commissioner for Consumer Affairs under the Act.
Types of Decisions that can be reviewed by SACAT
SACAT can review the following decisions of the Commissioner:
· Refusals to register a person as an agent, sales representative, property manager (from 1 February 2019) or auctioneer
· Cancellation, suspension or imposition of conditions on registration
· Immediate suspension or imposition of conditions on registration in urgent circumstances where the agent, sales representative, auctioneer or property manager has engaged, or is engaging, in conduct that constitutes grounds for disciplinary action (from 1 February 2019)
· Appointment of an administrator or temporary manager to manage a conveyancer’s trust account and/or business
· Compensation determinations
· A fiduciary default determination.
Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream
Generally, an application for review of a decision must be lodged within:
- 1 month after the applicant receives notice of the relevant decision
- 28 days after receiving notice of the appointment of an administrator or temporary manager
- 3 months after receiving a compensation determination
- In special circumstances, the Tribunal may permit you to make an application after this time.
Before applying to SACAT for a review, you must:
To review a decision of the Commissioner for Consumer Affairs you must:
- Have a copy of the decision or order which you want to challenge – you should include this with your application.
- Indicate whether you are a seeking a stay pending the review on the application form.
- Ensure you are ready to pay the required fee for making an application.
How to apply:
Click here to start an online application. In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘land agent' shown below and then scroll down to select the correct application type.
If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.
If you have any further questions or you would like a staff member from SACAT to assist you in completing the application please call SACAT on 1800 723 767 (menu option 4 then option 5 - for reviews of Government Decisions).
Attach a copy of the decision you are seeking to review:
You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at email@example.com, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.
There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.
Click here to see a list of current fees and information about payment methods and fee waiver options.
Organisations that may be able to assist you:
- Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.
- Welfare Rights Centre - www.wrcsa.org.au – The Welfare Rights Centre will provide free legal advice to people who are low income earners or are at risk of homelessness. In some instances the Welfare Rights Centre may represent a member of the public at the Tribunal.
Professional Disciplinary Jurisdiction
SACAT also has jurisdiction to receive and determine disciplinary proceedings against a conveyancer under the Land Agents Act 1994. For more information about disciplinary proceedings click here.